In re Grand Jury Subpoena: John Doe, No. 06-1572

By FindLaw Staff on October 16, 2009 9:22 AM

District court's refusal to quash a grand jury subpoena duces tecum seeking documents from a sitting Congressman's Chief of Staff is affirmed as, even if the congressional office is deemed to be a sole proprietorship, the Congressman is not entitled to bar his Chief of Staff from producing the documents to a grand jury by invoking his Fifth Amendment privilege, because as a sole proprietor, he could not assert Fifth Amendment privilege to quash a subpoena served on the Chief of Staff who had actual possession of the documents and was responsible for preparing and maintaining them.

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